In a residential dwelling with fewer than four units, may a tenant assign the lease without consent?

• A. Yes
• B. No, consent may be unconditionally withheld
• C. Yes, but only with notice to landlord
• D. Only with landlord's consent

Answer: (B)

In small residential buildings—fewer than four units—the landlord has broad control over whether a tenant can assign the lease. There is no automatic right to assign, and the landlord may unconditionally withhold consent. That means the tenant cannot assign without the landlord’s written approval. This contrasts with larger buildings, where the law typically requires consent not to be unreasonably withheld and imposes a higher standard on the landlord’s decision. So the correct understanding is that consent may be withheld without any obligation to justify it, making assignment without consent impermissible.